skip to Main Content

When Does Probate Begin After a Loved One Has Passed?

The Definition of Probate

Probate is when the court accepts a will and begins to put its instructions into effect. The decedent may have kept a copy of the will at home, but a copy may also be on file at the attorney’s office.

How Does Probate Start?

The will must be recorded in the county where the decedent dies. It will be filed within the probate court. The executor or a beneficiary can file the will. At this time, the executor or beneficiary will ask the court to approve it and put it into effect. The executor will be the person to make sure that the will goes through the probate process. He or she will also ensure that the assets are distributed to the beneficiaries.

What Occurs During the Probate Process?

During the probate process, the court must make sure that the will was signed and witnessed according to the laws of the state. If you are in a “self-proving” state, the will can enter probate without a trial or witness testimony.

The executor notifies the beneficiaries. If they believe that the will is not valid, they have the opportunity to contest it. The court will determine the monetary value of the decedent’s estate by examining the assets and the liabilities. The court opens an account so that the bills, taxes and debts can be paid. After this has been done, the beneficiaries will receive property bequeathed to them.

How Long Will Probate Take?

After someone files the will, it usually takes between eight and 12 months for the probate process to end.

It is important to hire an estate planning attorney in King of Prussia after a loved one passes away. At the Law Offices of Faloni & Associates, we are here to take you through the steps of probate. King of Prussia estate planning lawyers have your best interests in mind during this time of difficulty. We are also here for King of Prussia estate planning if you are interested in drawing up your own will.

Back To Top